The Constitutional Court of Republika Srpska has determined that the legal possibility of replacing the prison sentence puts the rich convicts into preference and that as such is not in accordance with the RS Constitution.
This means that the RS National Assembly will have to delete or amend this provision of the Criminal Code, after which convicts in the Republika Srpska will no longer be able to redeem a prison sentence.
The decision applies only to the entity law, while the convicts refer to BiH’s criminal law, the Federation of BiH and the Brčko District does not change anything. Those laws still exist, there is a possibility of replacing the imprisonment penalty to one year with a fine.
The RS Constitutional Court declared the provision of Article 46a paragraph 3. the Criminal Code of the RS, which was prescribed that the imprisonment sentenced to one year may, to a request convicted, to a fine.
“As the financial penalty is a property sanction, the persons of a good material situation, which can pay a fine instead of preserving a prison sentence in relation to convicts that are poor or weaker property,” the decision is stated, writes Bhrt.
The Court considers that the controversial provision creates legal uncertainty and legal uncertainty in the application of rights, and is not in accordance with the constitutional principle of citizens equality before the law.
Opinions in the public, but also among the lawyers, about this decision are divided.
MR. Milan Malesevic believes that the abolition of this provision contributes to the equity in the system.
“In my opinion, such norms are not a place in the legal system. Therefore, milder delicates, they do not have to pay a misdemeanor, ie the perpetrators of the crimes if they have the money,” Malesevic said.
His colleague Branko Gudalo occupies the opposite attitude and believes that it should be possible to replace the penalty for all, regardless of the financial situation.
“We have, for example, the laws of violations. All sentences equally-rich and poor for the misdemeanor – and there is no difference. There is no difference here, to a year who wants to pay, who will not go to jail,” Gudalo said.
Sarajevo Advokat IFET Feraget believes that the Federation of BiH should remove the possibility of redemption of the prison sentence, as is now done in RS.
“In the Federation, the current decision is bad, and earlier, as a court could be replaced by the Court of imprisonment. Now we have a prison situation that does not correspond to the criminal law and the purpose of punishment,” Ferraget said.
According to applicable regulations, one day in prison is worth 100 km, respectively 36,500 km.
For those who have that money, the prison can be avoided. For those who do not have, the prison sentence remains the only option.
Following this Decision of the RS Constitutional Court, such a possibility will soon exist in the Republika Srpska.
